See other bills
under the
same topic
                                                      PRINTER'S NO. 2693

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2043 Session of 2003


        INTRODUCED BY WILT, ARMSTRONG, BAKER, BALDWIN, BIANCUCCI,
           CAPPELLI, CLYMER, CRAHALLA, CREIGHTON, CRUZ, DeLUCA,
           DENLINGER, EGOLF, FEESE, GABIG, GINGRICH, GOODMAN, HARRIS,
           HERSHEY, HORSEY, KELLER, R. MILLER, MUNDY, NAILOR, O'NEILL,
           PAYNE, PICKETT, READSHAW, REICHLEY, RUBLEY, SCHRODER,
           B. SMITH, STERN, R. STEVENSON, J. TAYLOR, TIGUE, WALKO,
           WASHINGTON, WATSON, WHEATLEY, WOJNAROSKI AND YOUNGBLOOD,
           SEPTEMBER 30, 2003

        REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2003

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, providing for adoption proceedings
     3     relative to siblings.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 2533(b) and 2535(b) of Title 23 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 2533.  Report of intermediary.
     9     * * *
    10     (b)  Contents.--The report shall set forth:
    11         (1)  The name and address of the intermediary.
    12         (2)  The name, sex, racial background, age, date and
    13     place of birth and religious affiliation of the child.
    14         (3)  The date of the placement of the child with the
    15     adopting parent or parents.


     1         (4)  The name, racial background, age, marital status as
     2     of the time of birth of the child and during one year prior
     3     thereto, and religious affiliation of the parents of the
     4     child.
     5         (5)  Identification of proceedings in which any decree of
     6     termination of parental rights, or parental rights and
     7     duties, with respect to the child was entered.
     8         (6)  The residence of the parents or parent of the child,
     9     if there has been no such decree of termination.
    10         (7)  A statement that all consents required by section
    11     2711 (relating to consents necessary to adoption) are
    12     attached as exhibits or the basis upon which the consents are
    13     not required.
    14         (8)  An itemized accounting of moneys and consideration
    15     paid or to be paid to or received by the intermediary or to
    16     or by any other person or persons to the knowledge of the
    17     intermediary by reason of the adoption placement.
    18         (9)  A full description and statement of the value of all
    19     property owned or possessed by the child.
    20         (10)  A statement that no provision of any statute
    21     regulating the interstate placement of children has been
    22     violated with respect to the placement of the child.
    23         (11)  If no birth certificate or certification of
    24     registration of birth can be obtained, a statement of the
    25     reason therefor.
    26         (12)  A statement that medical history information was
    27     obtained and if not obtained, a statement of the reason
    28     therefor.
    29         (13)  Whether there are any siblings in preadoptive
    30     placement, the location of the placement and the
    20030H2043B2693                  - 2 -     

     1     circumstances surrounding the sibling's placement.
     2     * * *
     3  § 2535.  Investigation.
     4     * * *
     5     (b)  Matters covered.--The investigation shall cover all
     6  pertinent information regarding the child's eligibility for
     7  adoption and the suitability of the placement, including whether
     8  there are any siblings in preadoptive placement, the location of
     9  the sibling's placement and the circumstances surrounding the
    10  sibling's placement, the physical, mental and emotional needs
    11  and welfare of the child, and the child's and the adopting
    12  parents' age, sex, health and racial, ethnic and religious
    13  background.
    14     * * *
    15     Section 2.  Title 23 is amended by adding a section to read:
    16  § 2536.  Siblings.
    17     (a)  General rule.--Notwithstanding any provision of law to
    18  the contrary, if there is a sibling of the child in preadoptive
    19  placement, the intermediary shall notify the prospective
    20  adoptive parents of the child, via registered mail, of any
    21  proceedings involving the sibling under this chapter.
    22     (b)  Hearing.--After termination of parental rights, but
    23  before a hearing on the petition to adopt, upon petition of the
    24  prospective adoptive parents of a sibling, the court shall hold
    25  a hearing to determine whether the best interests of the child
    26  and the sibling would be served by the child's prospective
    27  adoptive parents adopting both the child and the sibling.
    28     (c)  Order.--After the hearing the court may enter any order
    29  the court deems appropriate.
    30     Section 3.  This act shall take effect in 60 days.
    I4L23BIL/20030H2043B2693         - 3 -